CHAPTER 672

An Act to amend and reenact §§ 8, 5, 6, 7, 8, 14, 16, 18, 19, 21, 22, 29, 84,
44, 45, 49, 50, 58, 59, 60, 65 and 75 of Chapter 8 of the Acts of
Assembly of the Extra Session of 1952, approved December 16, 1952,
which provided a charter for the town of Kilmarnock in Lancaster
County, the sections relating to various matters pertinent to the gov-
erning of such town; to amend such Chapter 8 by adding sections
numbered 17-a and 21-a, relating to president pro tempore and citizens
advisory boards for the town council, respectively; and to repeal
8§ 9, 10, 18, 28, 88, 57, 68, 70, 72 and 783 of such Chapter 8, relating
to various matters pertinent to the governing of such town.

[H 248}

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 3, 5, 6, 7, 8, 14, 16, 18, 19, 21, 22, 29, 34, 44, 45, 49, 50, 58,
59, 60, 65 and 75 of Chapter 8 of the Acts of Assembly of the Extra
Session of 1952, approved December 16, 1952, be amended and reenacted,
and that such Chapter 8 be amended by adding sections numbered 17-a and
21-a, the amended and new sections being as follows:

§ 8. The administration and government of the town is vested in
the council composed of a mayor and six councilmen, all of whom shall
be electors of the town.

(a) The said council shall be elected in the manner provided by law,
as follows: At the regular municipal election to be held on the second
Tuesday in June, nineteen hundred fifty-four, the mayor and six council-
men shall be elected. The mayor shall be elected for a term of four years.
The three members, each of whom has received more votes in said election
than either of the other members, shall serve as members of the council
for terms of four years each. The remaining three members shall serve
for a term of two years each. At the regular municipal election to be held
on the second Tuesday, June, nineteen hundred fifty-six, and every two
years thereafter, three councilmen shall be elected for a term of four years.
Terms of office shall begin on the first day of September next following
their election. Each councilman and the mayor elected as hereinabove
provided shall serve for the term stated or until his successor has been
elected and qualified. The council shall be a continuing body, and no
measure pending before such body shall abate or be discontinued by reason
of expiration of term of office or removal of any of its members.

b) * The remaining members of the council shall, by a majority vote
thereof, fill any vacancy occurring in the council for the entire unexpired
erm.

§ 5. The municipal officers of said town shall, in addition to the
mayor, consist of a treasurer, * chief of police, clerk of the council,
and such other officers as may be provided for by the town council;
and the council may appoint such committees of the council and create
such boards and departments of town government and administration
with such powers and duties and subject to such regulations as it may
see fit, consistent with the provisions of this act and the general laws of
this State. *

§ 6. The council of the town of Kilmarnock may, in its discretion,
elect a town manager who may also serve as town engineer. Upon the
election of a town manager by the council he shall be vested with the ad-
ministrative and executive powers of the town and shall hold office during
the pleasure of the council. He shall receive such compensation as shall be
fixed by the council. The town manager shall see that within the town
the laws, ordinances, resolutions and bylaws of the council are faithfully
executed. He shall attend all meetings of the council and recommend for
adoption such measures as he shall deem expedient. He shall make reports
to the council from time to time upon the affairs of the town, keep the
council fully advised of the town’s financial condition and its future
financial needs. He shall prepare and submit to the council a tentative
budget for each fiscal year. He shall perform such other duties as may
be prescribed by the council and shall be bonded in such amount as the
council may deem necessary.

§ 7. All officers and employees appointed may be removed by the
town council at its pleasure. *

§ 8. The council shall by ordinance or resolution fix the salaries of all
officers and employees of the town elected or appointed by it, or appointed
by its authority and may so far as is not inconsistent with the provisions
of this charter, define the powers and prescribe the duties of all such
officers and employees. To effectuate the powers conferred by general law
as well as the powers herein specifically granted, the council may employ
all such persons as may be necessary.

§ 14. If any person, having been an officer of said town, shall not

within ten days after he shall have vacated or been removed from office,
and upon notification or request of the council within such time as it may
allow, deliver to his successor in office all property, books and papers
belonging to the town or appertaining to such office, in his possession or
under his control, he shall forfeit and pay to the town a sum not exceeding
five hundred dollars, to be sued for and recovered with costs; and all
books, records and documents used in any office by virtue of any pro-
vision of this act, or of any ordinances or order of the town council, or
any superior officer of said town, shall be deemed the property of said
town and appertaining to said office. *
16. The mayor shall be the chief executive officer of the town and
it shall be his duty to see that the bylaws and ordinances thereof are
fully executed, and he shall preside over the meetings of the town council,
voting only in case of a tie.

The mayor shall see that the duties of the various city officers, mem-
bers of the police and fire departments, whether elected or appointed, are
faithfully performed. He shall have power to investigate their acts, have
access to all books and documents in their office, and may examine them
or their subordinates on oath, but the evidence given by persons 80
examined shall not be used against them in any criminal proceedings.

§ 17-a. The council shall elect, from among its members, a president
pro tempore of the council at tts first meeting following any regular muntc-
tpal election who shall preside in the absence of the mayor and who shall
assume the duties of the mayor in case of his absence or inability to act.

In case of the absence or inability of the mayor * and the
president pro tempore of the council, * some other member of the council
selected * by majority vote of the council shall possess the same power
and woe the municipal duties of the mayor during such absence or
inability.

§ 19. In case a vacancy shall occur in the office of the mayor, the
vacancy shall be filled by the * president pro tempore of the council; and
an case of a vacancy in both such offices, the council shall elect one of its
remaining members to serve the unexpired portion of the former mayor’s

§ 21. The town council is hereby authorized and empowered, by ordi-
nance or resolution, passed by the affirmative recorded vote of two-thirds
of the full membership thereof, to be determined by yeas and nays, to
provide and fix salaries for its members, at such sums or in such amounts
not exceeding the sum or amount of one hundred twenty dollars per
annum for each member, as it may determine, to be payable in such
amounts and at such time or times as it may direct.

The council may provide and fix the salaries for its members, on the
basis of stated amounts or sums, not exceeding the limits herein provided,
for each regular meeting of council attended by members, and may pre-
scribe that no member shall receive any compensation for any meeting of
said council not attended by such member, except as provided in § 8 of this
chapter.

* ¢ £

Said salaries, when provided and fixed, shall be payable out of the
general funds of said town when approved for payment by said council.
Said salaries shall not be increased or diminished during term of office.

§ 21-a. The town council shall be further authorized and empowered,
in its discretion, to appoint citizens advisory boards to advise the councu
im various matters.

§ 22. The council shall by ordinance adopt such rules as it might
deem proper for the regulation of its proceedings and shall meet at such
times as may be prescribed by ordinance, provided, however, that it shall
hold at least one regular meeting each month. A majority of the council
shall constitute a quorum for the transaction of business, but no ordinance
or resolution shall be adopted having for its object the levying of taxes
or contracting a debt except by a recorded, affirmative vote of two-thirds
of the members elected to the council. The mayor, or any other two
members of the council, may call a special meeting of the council upon at
least twelve hours written notice of the time, place and purpose to each
member served personally or left at his usual place of business or residence
by the town sergeant, and no business shall be transacted by the council
in such special meeting which has not been stated in the notice, provided,
however, that these regulations shall not apply when all members of the
council attend such meeting or waive notice thereof, nor shall it apply to an
adjourned session from a regular meeting. No ordinance or resolution
appropriating money exceeding the sum of five hundred dollars, imposing
taxes, or authorizing the borrowing of money, shall be passed by the
council on the same day on which it is introduced, nor shall any such
ordinance or resolution be valid until at least three days intervene between
its introduction and the date of passage. No ordinance or resolution
appropriating money exceeding the sum of one hundred dollars shall be
passed except by the recorded affirmative vote of a majority of all
members elected to the council. The meetings of the council shall be
public, * unless held in executive session as provided in § 16 of this charter.
Citizens may have access to the minutes and records of the council at any
reasonable time.

§ 29. If any member of said council be voluntarily absent from its
meetings consecutively for three months, his seat may be declared vacant
by the council, and the unexpired term filled by appointment as provided
in paragraph * (b) of § 8.

§ 834. To require the owner of every motor vehicle kept or habitually
used in the town, on a date to be designated by the council, to annually
register such motor vehicle and to obtain a license plate to operate the
same by making application to the town treasurer, or such other person as
may be designated by the council to issue said license plate, and to require
the vehicle owner to pay an annual license fee therefor to be fixed by the
council provided that the license fee shall not exceed the amount charged
by the State on the said vehicle. Such license fees may be shared with
Lancaster County or other towns therein, on such basis as the council
determines, and the council may ratify prior arrangements in regard to
such fees.

§ 44. The town council shall have the power and authority to appoint
a chief of police and such additional police officers and privates as it may
deem necessary or proper * and to prescribe their rate of pay; and in addi-
tion thereto the mayor, or in his absence, the president pro tempore of the
council, or in the absence of both, * the councilman, elected by council to
perform the duties of the mayor shall have the power and authority when-
ever the regular police force of the town is inadequate to meet the needs
of the occasion, to appoint and swear in such additional or special police-
men as he may deem requisite for a term of service not to exceed ten
days, and at such compensation as the council may fix for special police-
men. The duties and powers of such special policemen shall be the same
as that of private of the regular police force. *

§ 45. The police force shall be under the control of the mayor for
the purpose of enforcing peace and order and executing the laws of the
State and ordinances of the town. * For the purpose of enabling them
to execute their duties, each policeman is hereby invested with all the
power and authority which belongs to the office of constable at common
law in criminal cases. * The uniforms and badges of office of such police
and the rules and regulations governing such police force shall be pre-
scribed by the mayor.

§ 49. The town council shall have power and authority to acquire or
otherwise obtain control of or establish, maintain, operate, extend and
enlarge waterworks, gasworks, electric plants, * other public utilities, and
land for town uses and industrial uses within or without the limits of
the town; and to acquire within or without the limits of the town
by purchase, condemnation or otherwise, whatever land may be neces-
sary for acquiring, location, establishing, maintaining, operating, extend-
ing and enlarging said waterworks, electric plants, * other utilities and
the rights of way, rails, pipes, poles, conduits and wires connected there-
with or any of the fixtures or appurtenances thereof; promulgate and
enforce reasonable rates, rules and regulations for use of the same, any
or all of which rates, rules and regulations the council may alter at any
time without notice.

The council may discontinue serving water to any consumer who
defaults in payment for such service within the time prescribed by the
council for the payment thereof, for so long as such default continues.

_ § 50. The town council shall have the power and authority to re-
quire the owners or occupiers of the real estate within the corporate
limits of the town which may front or abut on the line of any sewer or
water pipe line or conduit to make connections therewith, and to use such
sewer pipes and conduits and water furnished by the town under such
ordinances and regulations as the council may deem necessary to secure
the proper sewerage thereof and to improve, * secure good sanitary con-
ditions; and regulate the use of such sewers or water line pipes or con-
duits and shall have the power to enforce the observance of all such ordi-
nances and regulations by the imposition and collection of fines and
penalties, to be collected as other fines and penalties under the pro-
visions of this act.

§ 58. * A town clerk * may be appointed by the council, but in no
case shall the mayor, president pro tempore or any councilman acting as
mayor be so appointed, and shall attend the meetings of the council and
shall keep permanent records of its proceedings; he shall be custodian of
the town seal and shall affix it to all documents and instruments requiring
the seal, and shall attest the same; he shall keep all papers, documents,
and records pertaining to the town, the custody of which is not otherwise
provided for in this charter; he shall give notice to all parties, presenting
petitions or communications; he shall give to the proper department or
Officials ample notice of the expiration or termination of any franchise.
the council is required to publish, and such other records and ordinances
as it may direct; he shall upon final passage transmit to the proper depart-
ments or Officials copies of all ordinances or resolutions of the council
relating in any way to such departments or to the duties of such officials,
and he shall perform such other acts and duties as the council may, from
time to time, allow or require.

§ 59. There shall be appointed by the council a town treasurer, who
shall hold office during the pleasure of the council; but the present treas-
urer of the town shall continue to discharge the duties of the office until
removed by the council or until his successor shall have qualified. Any
vacancy in this office shall be promptly filled by the council. The said
treasurer shall be the disbursing agent of the town and have the custody
of all money and all evidences of value belonging to the town or held in
trust by the town. He shall receive all money belonging to and received
by the town and keep correct accounts of all receipts from all sources and
of all expenditures of all departments. He shall collect all taxes and
assessments, water rents, and other charges belonging to and payable
to the town, and for that purpose he is hereby vested with powers similar
to those which are now or may hereafter be vested in county and town
treasurers for the collection of county, town, and State taxes under the
general law; he shall keep, disburse and deposit all money or funds in
such manner and in such places as may be determined by ordinance or the
provisions of the law applicable thereto; he shall pay no money out of the
treasury, except in the manner prescribed by this charter or by ordinance
or the general law; he shall perform such duties as are usually incident to
the office of commissioner of revenue in relation to the assessment of
property for town taxation and town license taxes and shall have power
to administer oaths in the performance of his official duties; and shall
make such reports and perform such other duties not inconsistent with
the office as may be required by this charter or by ordinance or resolution
of the council. The treasurer shall not be entitled to any commission for
handling the funds of the town but shall be paid such salary as may be
provided by the council, and before entering upon the duties of his office
shall execute a bond in such amount and with such security as the council
by ordinance may prescribe. The council may, in its discretion, and if it
deems it necessary or convenient, appoint some person or persons from the
electors of the town to assist the town treasurer in the collection of all
taxes and assessments, water rents, and other charges belonging to an
payable to the town, which person may be the town sergeant, or superin-
tendent of water works, but before entering upon the discharge of his
duties, such person shall execute a bond in such amount and with such
security as the council by ordinance, may prescribe. The treasurer shall
be subject to the supervision of the council of the town of Kilmarnock
and shall perform such other duties not inconsistent with his office as may
be required of him by the town council; and he shall make all such reports
as may be required of him by the town council. *

60. There shall be appointed by the council a * chief of police who
shall qualify and give bond in such amount as the council may require. He
shall be vested with powers of a conservator of the peace, and shall have
the same powers and discharge the same duties as a constable within the
corporate limits of the town and to a distance of one mile beyond the same
and shall perform such other duties as may be from time to time presc
by the council.

§ 65. No member of the council shall be interested directly or in-
directly in the profits of any contract or work or be financially inte

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thereof, be fined not more than five hundred dollars or be imprisoned
not more than ninety days, or both in the discretion of the court, and
shall forfeit his office. The prohibitions of this section shall not apply if
the council shall declare by unanimous vote of the members * present that
the best interests of the town are to be served despite the personal interest
direct or indirect. ;

§ 75. The town council is empowered to fix rates for water, lights,
gas, garbage collection and for use of sewer and other utilities supplied
by the town from its works, or works operated by it.

2. §8§ 9, 10, 13, 28, 38, 57, 63, 70, 72 and 73 of Chapter 8 of the Acts of
Assembly of the Extra Session of 1952, approved December 16, 1952, are

repealed.
8. An emergency exists and this act is in force from its passage.